Service Description. Microsoft Cloud Services from Swisscom

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1 Service Description

2 Table of contents 1 Service overview Definitions Service ccess Interface Point (SIP) Variants and options Service provision and responsibilities Service level Service level Service level reporting Penalty clause illing illing Special provisions Microsoft services Data protection dditional provisions Microsoft loud Services editions Doc. ID: L_MSFT_loud_Service_pr2018-en 2/10

3 1 Service overview The Microsoft loud Services service from Swisscom offers the ustomer a cloud service that is integrated into the customer environment, together with the relevant licensing. The ustomer can use the functions from any location, even from outside the company. The optional Microsoft software packages such as Office, Project and Visio enable the ustomer to process data offline on a local computer and synchronise it with the cloud once an active Internet connection has been re-established. Swisscom offers the service as a subscription for a fixed monthly fee. The ustomer receives the necessary login details, programs and usage rights (licences) for the duration of the subscription. The service is based on loud solutions from Microsoft. Swisscom supplements the services provided by Microsoft and acts as a contact partner in the event of problems as well as the billing party. Swisscom provides the following benefits as part of the service: Helpdesk for Incidents Provision and operation of the web portal for licence management (Marketplace) with PI connection to the Microsoft loud Services application ccess to Microsoft services (service and licences) Microsoft services in accordance with Microsoft s terms and conditions: Provision, operation and maintenance of infrastructure, the data centre and application operation services Software licensing The service is provided in Microsoft s data centres, with the exception of Marketplace, which is provided from Swisscom s data centres. The service is provided in accordance with Microsoft s service descriptions, which can be found, for example, on Microsoft's websites at There may be a few small variations in Swisscom s offerings. Swisscom publishes its latest offerings and costs in the document Price list for (in the Yammer channel described below or by ). For the services provided by Microsoft, the Microsoft loud greement, Microsoft s online service terms, the Microsoft SL and the Microsoft definitions (see Section 7.1) apply in their respective valid versions. Doc. ID: L_MSFT_loud_Service_pr2018-en 3/10

4 2 Definitions 2.1 Service ccess Interface Point (SIP) The service access interface point (SIP) is the contractually agreed, geographical and/or logical point at which a service is delivered to the service user. It is also the point at which a service is monitored and the service level reported. The service has two SIPs: 1) The Marketplace & Fault Reporting Service SIP 2) The Microsoft loud Services SIP (in accordance with Microsoft s terms and conditions; see Section 7.1) The following purely schematic diagram serves to demonstrate the services and service components of Microsoft loud Services from Swisscom: = ustomer = Swisscom Service 3 Variants and options Standard variants usiness Enterprise Licence types usiness, usiness Essentials, usiness Premium ll others Maximum number of users 300 Unlimited Microsoft loud Services comprise the core elements Exchange, SharePoint, Skype-for-usiness, Office ProPlus licencing, Intune, Dynamics RM and zure. The available variants and the prices applicable to these are set out in the current price list for. The prices for zure services are based on usage, are defined by Microsoft (Swisscom may demand a surcharge [in %] for its services in accordance with the service contract) and may be adjusted on a monthly basis. The currently applicable prices, updated monthly, are linked in the zure portal. Doc. ID: L_MSFT_loud_Service_pr2018-en 4/10

5 4 Service provision and responsibilities Non-recurring services ctivities (S = Swisscom/ = ustomer) S Provision of service 1. ppointment of a person as administrator for. 2. ctivation of the customer administrator in Marketplace. 3. ctivation of the number of service licences ordered by the ustomer in Microsoft Portal. 4. Setup of access to the Swisscom service hotline for the ustomer. 5. daptation of the ustomer s client environment to enable the service to be used. 6. Where agreed in the Professional Service service contract (such as configuration of the service environment on the Microsoft Online Portal and support in adapting the ustomer's client environment), the following duties to cooperate shall apply: Guaranteeing the interference-free operation of the ustomer's systems on which the Professional Services project relies. Installing a currently supported patch level on all client systems. Distributing the required client software (if not already available). Timely provisioning of all the required sources (incl. persons), accounts, authorisations and software/licences (with the exception of online services). Recurring services ctivities (S= Swisscom/ = ustomer) S Standard services 1. Provision of Microsoft loud Services solutions from Microsoft in accordance with Microsoft s terms and conditions, unless otherwise stated by Swisscom 2. Provision of the Marketplace infrastructure (incl. PI connections) in Swisscom s data centres. 3. Licence management in Marketplace. 4. Receipt, triage and escalation of faults to Microsoft under the following conditions: Only customer administrators declared to Swisscom are authorised to report faults to Swisscom. Owners of trial editions are not entitled to support. n incident is defined as the unavailability of service components or the entire online service. If the support service is not linked to an incident and the ustomer requires a different kind of support, e.g. end user support, help to resolve problems caused by wrong configuration by the ustomer, etc., this requires a separate, chargeable order. 5. Updating of the systems on which the service is to be used (in accordance with the online documentation of the Microsoft system requirements at the time of publication fice.microsoft.com/en-us/office365-suite-help/office-365-system-requirements- H aspx) 6. ompliance with and implementation of the required data classification and security guidelines by the ustomer when using the Swisscom service. 7. Responsibility for the use of login details and passwords. Taking effective measures to prevent improper use. Passwords must be regularly changed, appropriately selected and stored safely. 8. Responsibility for all activities authenticated via the access. Immediate notification of possible misuse of accounts or security-relevant incidents in connection with the online service. 9. dministration of usage rights within the framework of the acquired quantities and the determined duration. ctive prevention of usage in excess of the authorised quantities and the determined duration. Doc. ID: L_MSFT_loud_Service_pr2018-en 5/10

6 10. Each user who is allocated a licence must connect each device on which the software is installed to the Internet once every x days (at the time of publication, x = 30). Should a user not meet this requirement, the functionality of the software may be restricted or suspended until the user next goes online using the device. 11. Provision of a Yammer network as a communications channel for important information about the product ( and Designation of a person responsible for matters relevant to the contract and product, who will subscribe to the Yammer channel. Ensuring that the person s name and address will be visible to customers of on Yammer. Should the ustomer not wish to join Yammer, the ustomer s details must be entered in the contact form ( 13. Notification of Marketplace maintenance windows via the Yammer network: No later than 10 working days in advance, maintenance windows allowed without prior notice in special circumstances (emergencies, security patches, etc.). Provision of software licences 1. Provision of the Microsoft software licences as part of Microsoft loud Services in accordance with Microsoft s terms and conditions (see Section 7.1). 2. Provision of additional (Microsoft) software licences required for the use of the service (such as Windows OS, etc.). Doc. ID: L_MSFT_loud_Service_pr2018-en 6/10

7 5 Service level 5.1 Service level Only Microsoft s terms and conditions are applicable to the definition and implementation of Microsoft loud Services (see Section 7.1). The following SL provision applies to Marketplace, which is operated by Swisscom. The description of the service levels (operation time, support time, availability, process, performance, security and continuity), the measurement method and the reporting system for the following standard service levels are set out in the document SL definitions. The following service levels are provided. Marketplace & Fault Reporting Service Service level & target values usiness Enterprise Operation time Operation time 24/7 Provider maintenance window Support time None 1 Support time Mon Fri, 8 a.m. to 5 p.m. Mon-Sun 24 hours a day Fault reporting Mon-Sun 24 hours a day vailability Max. service downtime est effort Security asic (ITSL) Microsoft loud Services Microsoft s published SL service levels and target values are applicable, in accordance with Section 7.1 = Standard = Not available 5.2 Service level reporting No service level reports are issued for the Marketplace & Fault Reporting service. 5.3 Penalty clause Should the ustomer be unable to perform any chargeable changes due to a Marketplace service outage exceeding three working days and in consequence be liable for higher licence fees, these will be reimbursed. To this end, the ustomer must independently report the service outage with a precise fault description. The service outage shall apply from the time of the fault report to Swisscom. Swisscom shall accept no liability for service outages resulting from a delayed commissioning date. The penalty clause relating to Microsoft loud Services is described in the Microsoft SL (see Section 7.1). 1 Maintenance work for different parts of the service will be carried out at various off-peak times. Thanks to redundancy in the system, the maintenance work can be carried out without any interruptions. Doc. ID: L_MSFT_loud_Service_pr2018-en 7/10

8 6 illing 6.1 illing The Microsoft loud Services editions are generally billed on a monthly basis. If the ustomer selects credit card as the payment method, payment is made at the start of the billing period for the entire billing period. reduction in the number of procured licences does not give rise to an entitlement to reimbursement. If the ustomer selects Swisscom invoice as the payment method, the service shall be billed at the end of each billing period specified in Marketplace (generally monthly). The obligation to pay shall begin on the day on which the service is activated. This shall also apply in cases where the service has been activated but cannot yet be used due to delays for which Swisscom is not responsible (e.g. domain name not available). In the case of incomplete months, one thirtieth of the monthly charge may be billed per day. If the number of licences is increased, billing shall always be pro rata (from the day of the increase). If the number of licences is reduced, the reduced licences shall continue to be billed until the end of the current billing period but not thereafter. Details of the amount billed in each Swisscom invoice can be viewed in Marketplace. Should a customer make changes in Marketplace to a previously procured edition, the current published prices for all elements of that editions shall apply from that time onwards. The original minimum contract period for that edition shall remain unchanged. 7 Special provisions 7.1 Microsoft services With regard to Microsoft services, Swisscom acts as a trading partner of Microsoft and acts on behalf of the ustomer towards Microsoft in the commissioning of the services in question. Swisscom has no influence over faults, updates, changes to functionality, etc. in the Microsoft programs and online services such as Exchange Online, SharePoint Online, Microsoft Office Outlook, Outlook Online, ctivesync, etc. Swisscom offers no guarantees in relation to and accepts no liability for Microsoft s services and functionality. The current version of the contractual conditions for the Microsoft services can be viewed on Microsoft s website. The ustomer explicitly agrees to the terms and conditions, as well as its rights and obligations, and is aware that this responsibility is to Microsoft: Microsoft loud greement: available via shortlink Microsoft Online service terms: available via shortlink or, in the event that the shortlink isn t working, at by clicking on Document Search and selecting Online Service Terms. greement on the service level for Microsoft online services (SL): available via the direct link or, in the event that this isn t working, at by clicking on Document Search and selecting Online Services SL. Doc. ID: L_MSFT_loud_Service_pr2018-en 8/10

9 7.2 Data protection The ustomer acknowledges that its data shall be processed as follows: The onditions for online services apply to all information from and about customers in relation to the use of (see Section 7.1). The ustomer explicitly agrees to the data that it shares with Swisscom or Microsoft and its subcontractors and partner organisations through the use of the service (e.g. content, documents on SharePoint, etc.) or that are entered into the online service being transferred, processed or used in the US or other countries in which Microsoft or its subcontractors and partner organisations operate. In the framework of its terms and conditions for online services, Microsoft provides its customers with a data processing agreement that provides for adherence to an equivalent level of data protection as in the EU/Switzerland. It is the sole responsibility of the ustomer to verify/assess whether these terms and conditions for use of the service by the ustomer are suitable/sufficient. Furthermore, Swisscom is authorised to disclose collected personal data from its customers for the purposes of providing the service and its performance (e.g. company, administrator s and users contact details, etc.) to third parties (in particular the operator of Marketplace), both in Switzerland and abroad. Swisscom has concluded contractual guarantees with these third parties, in which these companies undertake to process the data in accordance with the Swiss Data Protection ct or a comparable level of data protection. 7.3 dditional provisions Due to Microsoft s requirements, are available only in tandem with other services and not individually. If the ustomer does not obtain any other services from Swisscom (any longer), Swisscom reserves the right to terminate this service at the same time as the other services are terminated. Trial editions can be obtained free of charge in Marketplace for the defined number of licences and duration per trial edition. These editions can be converted into a chargeable edition at any time during the duration of the trial, with the data entered during the trial period being transferred. The duration of the trial period cannot be extended. If the trial is not converted into a chargeable edition, the data used in the trial will no longer be available and will be deleted at the end of the trial period. mendments to the contract must be made in writing in order to be valid. However, amendments may also be agreed by exchanging declarations of intent in electronic form (e.g. Web ordering), provided that Swisscom can clearly identify the contractual partner. Modifications to the process services indicated in the documentation as well as upgrades to product services to bring these up to date do not need to be in writing and may be carried out on receipt of unsigned notifications. Swisscom will notify the ustomer of the date on which the amended services will enter into force. The notifications will be made available online in the Yammer network or if the ustomer is not registered in the Yammer network and has provided us with his address on the contact form by . Doc. ID: L_MSFT_loud_Service_pr2018-en 9/10

10 7.4 Microsoft loud Services editions The following Microsoft loud Services editions shall have a fixed configured minimum contract period of 12 months within the contractual period on the Swisscom licence ordering portal (Marketplace): orporate Nonprofit Staff Pricing Government Pricing Office 365 Enterprise E1 cademic - for Students cademic - for Faculty Office 365 Enterprise E3 / 3 Office 365 Enterprise E5 / 5 Exchange Online Plan 1 Exchange Online rchiving (EO) for Exchange Server Microsoft Intune (Device) Enterprise Mobility & Security E3 Enterprise Mobility & Security E5 Dynamics 365 Ent edition ust Eng Plan - Tier 1 (1-99 users) Dynamics 365 Ent edition ust Eng Plan - Tier 2 ( users) Dynamics 365 Ent edition ust Eng Plan - Tier 3 ( users) Dynamics 365 Ent edition ust Eng Plan - Tier 4 ( users) Dynamics 365 Ent edition ust Eng Plan - Tier 5 (1000+ users) Dynamics 365 Ent Edition Plan Dynamics 365 for Unf Ops Plan Microsoft 365 E3 Microsoft 365 E5 Windows 10 Enterprise E3 (local only) Windows 10 Enterprise E3 Windows 10 Enterprise E3 VD Windows 10 Enterprise E5 = Standard ll other editions have a minimum contract period of one month. ll editions can be cancelled in Marketplace by either Party at any time as of the end of the minimum contract period, at which time billing shall also cease. Unless terminated, the service shall continue automatically following the expiry of the minimum contract period and can be terminated in Marketplace at any time as of the end of the next billing period previously selected by the ustomer. Following a termination prior to the expiry of the minimum contract period, the full amount due for the remaining minimum contract period shall be billed. Doc. ID: L_MSFT_loud_Service_pr2018-en 10/10

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